Petition for Alien Relative & other forms

[bob4321]

I want to marry a girl that will be here on a tourist visa. We have known each other for 8 months. I have flown to Ukraine 3 times, and she has come here to the USA for a three week vacation about a month ago. I am a US citizen and no kids or parents are involved

Our plan is for her to enter on her tourist visa, wait 3 months, and get married. We would then file the I-130, Petition for Alien Relative...

Can anyone let me know what forms (other than the I-130) that we would need to fill out?

Thanks

 

[BigJoe5]

I want to marry a girl that will be here on a tourist visa. We have known each other for 8 months. I have flown to Ukraine 3 times, and she has come here to the USA for a three week vacation about a month ago. I am a US citizen and no kids or parents are involved

Our plan is for her to enter on her tourist visa, wait 3 months, and get married. We would then file the I-130, Petition for Alien Relative...

Can anyone let me know what forms (other than the I-130) that we would need to fill out?

Thanks

What you plan is ILLEGAL. You need to file an I-129F for her as a fiance.

 

[dhlunar]

What you plan is ILLEGAL. You need to file an I-129F for her as a fiance.

Is it illegal because they have planned a wedding before the arrival of the non-immigrant, or is UCSIS cracking down on people entering the US on B1/B2 or visa-waiver and then going through AOS? I agree that the easiest way would be to get a K-1 visa, but I also thought that USCIS overlooked what visa people entered on if the person who is doing AOS is classified as an immediate relative of a US citizen.

 

[Jackolantern]

Is it illegal because they have planned a wedding before the arrival of the non-immigrant, or is UCSIS cracking down on people entering the US on B1/B2 or visa-waiver and then going through AOS? I agree that the easiest way would be to get a K-1 visa, but I also thought that USCIS overlooked what visa people entered on if the person who is doing AOS is classified as an immediate relative of a US citizen.

They have been cracking down on visa waiver people big time.

They're more lenient with actual visa holders, but if the officer at the POE knows about the marriage plans she'll be refused entry (yes, sometimes they do ask). And if she got the visa recently, she could be denied AOS due to immigration fraud if she didn't mention having a USC fiance on the visa application (there is a question that specifically asks about having a fiancee/fiance or family members in the US).

 

[gogi274]

I-130

I want to marry a girl that will be here on a tourist visa. We have known each other for 8 months. I have flown to Ukraine 3 times, and she has come here to the USA for a three week vacation about a month ago. I am a US citizen and no kids or parents are involved

Our plan is for her to enter on her tourist visa, wait 3 months, and get married. We would then file the I-130, Petition for Alien Relative...

Can anyone let me know what forms (other than the I-130) that we would need to fill out?

Thanks

Dude you don't worry. She can come on visit visa, then you can marry and file I-130 and I-485. My brother was here on visit visa. He met the girl here in USA. Got married and file I-130 and I-485, he got his green card in 4 months.

1- I-130 and I-485 (change of status)

good luck

 

[Jackolantern]

My brother was here on visit visa. He met the girl here in USA. Got married and file I-130 and I-485, he got his green card in 4 months

So he didn't know her before arriving in the US? Meeting and marrying after arriving in the US is a different situation than already having marriage plans before entering the US.

 

[BigJoe5]

In order to get a tourist visa you have to prove a non-immigrant intent up front. AFTER that, when you use it to enter the U.S. you have to declare your non-immigrant intent upon each entry.

IF one enters as a non-immigrant but really has an immigrant intent, they must affirmatively LIE about their intent in order to be allowed out of the airport or across the border or off the ship. Lying about this issue is "fraud, misrepresentation, and concealment of a material fact". That LIE makes you inadmissible as one who committed immigration fraud in the first place. While there is a waiver available for the fraud, it does not get granted to just anybody, you have to actually statutorily qualify and then be worthy of a favorable exercise of discretion. Current POLICY is to be stingy on discretion because of so many liars thinking they can "get away with it".

During 2010, there were 160 million nonimmigrant admissions to the United States according to DHS work-load estimates.

 

[gogi274]

I-130

So he didn't know her before arriving in the US? Meeting and marrying after arriving in the US is a different situation than already having marriage plans before entering the US.

My brother and his wife knew each other through mutual friend. You can make up your mind to get marry any time. You can fall in love any time OR any moment. This is so silly that Immigration Officer will ask you " Did you enter to USA to intend to marry XYZ". Things can change OR happen without plan.

I am not a lawyer.

Good luck.

gogi 274

 

[BigJoe5]

My brother and his wife knew each other through mutual friend. You can make up your mind to get marry any time. You can fall in love any time OR any moment. This is so silly that Immigration Officer will ask you " Did you enter to USA to intend to marry XYZ". Things can change OR happen without plan.

I am not a lawyer.

Good luck.

gogi 274

The vast majority of people suck big time at lying. DHS and INS before it have a century of investigating such fraud with a very high success rate. Add to that the failure of most people to understand the paper trail that they create without realizing it and then THINK about it.


At the interview:
So, it was "spontaneous"? If that were true, then why did your in-laws book the church/hall/banquet facility etc... prior to your arrival?

 

[HossDelgado]

Bottom line

IMO, the main question here is 'why wouldn't you do a k1, rather than a tourist visa?'

Do you have a specific reason for wanting to use a tourist visa? To me, your plan seems unnecessarily risky, as opposed to just following filing the proper forms. What are you gaining by using a tourist visa?

Also, I'd advise you not to expect to get away with fraud simply because an anonymous person on a forum tells you it's O.K.. One data point does not make a rule, a trend, or even a reasonable approximation of reality.

If a forum poster told you that he got away with carrying marijuana on an airplane flight and that it's cool for everyone to do the same based on his one experience, would you give it a try?

 

[dhlunar]

They have been cracking down on visa waiver people big time.

They're more lenient with actual visa holders, but if the officer at the POE knows about the marriage plans she'll be refused entry (yes, sometimes they do ask). And if she got the visa recently, she could be denied AOS due to immigration fraud if she didn't mention having a USC fiance on the visa application (there is a question that specifically asks about having a fiancee/fiance or family members in the US).

Thanks for the clarification. I knew that they where cracking down on AOS for people who entered under the visa wavier.